what kind of lawyer do i need for a husband wife problem

by Adan Nienow 10 min read

Family law attorneys can help you understand the marriage requirements in your state, draft a prenuptial agreement (or "prenup"), and provide legal assistance for other issues pertaining to marriage.

Full Answer

Can my spouse hire a lawyer for me?

Any lawyer that your spouse hires is professionally unable to also serve your interests. Having said this, in certain situations, one couple might share a single lawyer in order to bring joint resolution to their divorce.

Is your spouse’s lawyer intimidating you in the courtroom?

The prospect of divorce is a frightening one in its own right. The marriage and union you had hoped would last, and likely worked hard to accomplish, is coming to an end. The last thing you need is your spouse’s attorney intimidating you in the courtroom.

Do I need a lawyer if my spouse got a divorce?

You aren’t legally obligated to hire your own lawyer just because your spouse got one, but in many cases, you’d be smart to seek your own legal counsel. No matter how much of a slam-dunk case you might think you have, divorce situations are often, technical, messy, and a case of he-said, she-said.

What is family law and do I need a lawyer?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.


Can a husband sue his wife for negligence?

The common law (case law) rule prohibiting one spouse from suing his/her spouse was called interspousal immunity. The interspousal immunity rule was based on court holdings that by marriage, a husband and wife become one person in law.

Can I sue the other woman for emotional distress?

The spouse will require the services of a legal professional when attempting to sue the mistress for emotional distress. The impact on the marriage is important for the claim, and the evidence may support the claim. The lawyer will present the proof to increase possible success in the compensation claim.

Can you sue a person for cheating with your spouse?

Moreover, California does not have a criminal statute against adultery. This means you typically cannot sue someone for having an affair with your husband.

Can you sue your spouse for money?

Even in non-community property states, however, commingled funds -- such as each spouse's paycheck deposited in a joint bank account and used to pay household bills -- may be considered jointly owned. If one spouse prevents the other from accessing these funds, the other spouse can sue.

Can you sue your spouse for emotional damage?

Emotional Abuse Can Give You the Right to Sue If your spouse has intentionally caused you to suffer emotional distress, you may have the right to file a civil lawsuit for damages. Filing a lawsuit can hold your spouse accountable for their actions and allow you to recover comepnsation.

How do I take legal action against my husband?

Firstly, the spouse needs to file the divorce petition before the family court. Secondly, the court will send a copy of the petition to the spouse. Then both the parties should be prepared to face the court proceedings as the divorce is contested by either the husband or the wife.

What do you call a woman who sleeps with a married man?

mistress. noun. a woman who is having a sexual relationship with a married man.

Can I get alimony if my husband cheated?

Cheating does not affect spousal support awards in California. In this state, a dependent spouse can have a one night stand or a full-blown affair and it will not reduce or eliminate their ability to receive alimony.

What should a wife do when her husband cheats?

These tips will help you take practical steps to cope with it.Give yourself some time. ... Talk to your partner. ... Avoid cutting in on what your partner is saying. ... Ask your partner to tell you the truth, however painful. ... Ask questions if you need to, but try to focus on the facts.More items...

Can a husband withhold money from his wife?

It's not illegal for a spouse to withhold funds from the other unless it leaves them unable to provide for themselves or any children involved. But marriages are 50/50 partnerships, and both people should be responsible for the finances and have an equal say in how the money is allocated.

What can you do if your spouse takes all your money?

If one spouse does take all the funds from a joint bank account or more than they would likely be awarded for equitable distribution, the other spouse should seek immediate legal protection. If there are no other significant assets, the spouse who took the money may spend it – making it hard to recoup what they took.

How do you prove emotional and financial abuse?

Documents, correspondence, emails, and text messages can show the controlling spouse's abusive tactics. This can prove the victim was denied access to credit card accounts, bank accounts, investment accounts, and so on, when those accounts are marital in nature.

What is the best way to get divorced?

Mediation involves a neutral attorney who helps couples reach an agreement in a divorce. The mediator doesn’t represent either spouse and can’t give legal advice. Instead, mediators help couples identify the issues that need to be resolved and create an agreement that comports with the law.

What to do if you can't agree on custody of your child?

If you have children and you can't agree on a custody arrangement with your spouse, you should hire an attorney to help you sort this out. There are many factors that go into a custody decision. An attorney who understands the law can help you be successful in the custody process.

Can you argue divorce in court?

Mediation is confidential and even if you and your spouse don’t reach an agreement, you can still argue your divorce in court. The major drawback of mediation is that a mediator can’t advise you if you’re making a good decision – only your own attorney can.

Can a couple have one attorney for divorce?

Under limited circumstances, a couple can use one attorney to resolve their divorce. Specifically, couples who’ve already resolved their asset, debt division, and custody issues may want to hire one attorney to draft up a divorce agreement. But, the spouse who hires or “retains” the lawyer is the lawyer’s client.

Can a divorce lawyer represent you?

But, the spouse who hires or “retains” the lawyer is the lawyer’s client. If you are the unrepresented spouse, be aware that the lawyer preparing the divorce agreement doesn’t represent you and cannot give you legal advice. One attorney may be enough for couples with simple divorces, but make sure you understand your legal rights if you’re ...

Can I share my divorce attorney with my spouse?

Can I Share a Divorce Attorney With My Spouse? Divorce attorneys can’t represent both spouses in a divorce. If your spouse asks you to split the legal bill, don’t do it. An attorney hired by your spouse can’t serve your interests too.

What is a power of attorney?

Generally speaking, a power of attorney is a signed document in which you give someone else the authority to act for you or to make decisions on your behalf. The two main categories of powers of attorney are financial powers of attorney and medical powers of attorney (sometimes called “health care” powers of attorney or proxies).

What happens if you don't choose a power of attorney?

If we do not choose, we are at the mercy of a court. A judge will decide who will serve in such an important role for us.

What is the marriage.com course?

If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.

Do you need a power of attorney in the Golden State?

The Golden State also requires that powers of attorney be either notarized or signed by two adult witnesses who meet certain requirements. Many lawyers would agree that adults need someone who can act as their power of attorney, both for financial and medical matters. We never know what the future will bring.

Do powers of attorney depend on state law?

As with many legal issues, powers of attorney are governed by state law. Because of this, the names of the documents, the goals they can achieve, and even how they must be filled out depend on the laws of your state.

Who is Krista Duncan?

Krista Duncan Black. This article was written by Krista Duncan Black. Krista is a principal of TwoDogBlog. An experienced lawyer, writer, and business owner, she loves helping people and companies connect with others. You can find Krista online at TwoDogBlog.biz and LinkedIn.

Can a spouse sell a house if one spouse cannot consent?

This means that if one spouse cannot consent, they other spouse will be limited in his or her ability to do sell or mortgage the property.

What happens when an estate goes awry?

Instead, when an estate plan goes awry, a successor-trustee fails or refuses to administer the trust properly, or when a beneficiary brings litigation against a trustee, this represents a potential litigation matter and usually requires a true trial and litigation attorney.

What is trust attorney?

Many attorneys focus their practice on “estate planning” which in practice usually means that that attorney and law firm serves their clients by drafting trusts, wills, and other documents as part of an overall estate plan.

Does Buffington Law Firm have a trust dispute?

Most people who retain Buffington Law Firm’s trust dispute attorneys have never before dealt with or retained their own attorney. Many people are aware of the fact that most attorneys focus their expertise and practices in specific areas, but they are not really familiar with the details of such practices areas.

What to do if you can't agree to custody?

If you and your spouse are unable to agree to a custody arrangement, then you also need to hire your own lawyer to get help sort this aspect of the divorce out. Many factors are in play in a custody decision. A divorce lawyer who understands the fine print of the laws that apply where you live gives you a far better chance ...

What is mediation in divorce?

Divorce mediation typically involves a neutral mediator – usually a divorce lawyer – so he or she can assist you and your spouse to reach an agreement that both of you can live with. A divorce mediator will not represent you or your husband, and as such can’t give either of you legal advice. Rather, a mediator will help you identify the issues that need resolution and assist in creating a divorce agreement that is in compliance and alignment with applicable laws.

What is the primary goal of a lawyer?

Lawyers are supposed to work under one primary goal: the relentless pursuit of their clients’ interests. If you convey to a lawyer that your interest is specifically an amicable divorce, then that’s just what you should expect.

Is mediation a confidential process?

Mediation is usually a confidential process, and should you and your spouse fail to reach any agreement, arguing the divorce in court is still a possibility after the fact. One big disadvantage of mediation is that mediators aren’t able to advise either of you if your decisions are good ones or not.

Can a lawyer give advice on divorce?

He or she will not give you legal advice. A simple divorce might be fine for a single lawyer situation, but be very sure you know your legal rights if you are the one who is unrepresented. If you want to be sure, you should hire your own lawyer to read and explain the divorce agreement before you sign it.

Can a divorce mediator represent you?

A divorce mediator will not represent you or your husband, and as such can’t give either of you legal advice. Rather, a mediator will help you identify the issues that need resolution and assist in creating a divorce agreement that is in compliance and alignment with applicable laws.

Is divorce scary?

The prospect of divorce is a frightening one in its own right. The marriage and union you had hoped would last, and likely worked hard to accomplish, is coming to an end. The last thing you need is your spouse’s attorney intimidating you in the courtroom . Even despite this, some people make the choice to represent themselves in divorce hearings, even if their husband has personally hired a lawyer.